Gilligan fails to halt CAB application
The High Court has cleared the way for the Criminal Assets Bureau to proceed with an application to have an equestrian centre and other property belonging to convicted drugs dealer John Gilligan and other members of his family handed over to the State.
Gilligan, who recently lost his final appeal against his conviction on drug charges, his wife Geraldine and their children Darren and Tracey opposed the proceedings by the CAB.
The President of the High Court, Mr Justice Joseph Finnegan, in a reserved judgment ruled today that the proceeedings under the Proceeds of Crime Act, 1996 could go ahead.
Gilligan, who is serving a 20 years sentence for posession of cannabis resin, lost his final appeal in the Supreme Court last November against his conviction.
After a lengthy trial which began in late 2000, the Special Criminal Court cleared Gilligan in 2001 of the murder of journalist Veronia Guerin in June 1996 and also acquitted him of firearms charges.
Gilligan was convicted of possession of an estimated 20,000 kilograms of cannabis resin over a two year period and was jailed for 28 years, which was later reduced on appeal to 20 years.
It was contended on behalf of the Gilligans, who were separately represented, that the action was in breach of court rules as it was commenced by special summons, not plenary summons. His lawyers argued that the rules of the Superior Courts did not provide for proceedings such as these to be brought by special summons.
The confiscation orders being sought by CAB relate to a number of properties, including Jessbrook Equestrian Centre and lands at Mucklon, Enfield, Co Kildare, and two houses in Lucan, Dublin.
CAB was granted a High Court order in December 1996 preventing the Gilligans dealing with or otherwise disposing of the properties.
Following the passing of a seven-year period which must elapse before assets which have been ``frozen" under court order may be sold, CAB claims it is now entitled to an order for the disposal of the properties under section 4 of the Proceeds of Crime Act.
